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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:31
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Chapter Law Content

CHAPTER I: Arbitration Agreement
Article 1
Parties to a dispute arising at present or in the future may enter into an arbitration agreement designating a single arbitrator or an odd number of arbitrators to constitute an arbitral tribunal to determine the dispute.
The dispute referred to in the preceding paragraph is limited to those which may be settled in accordance with the law.
The arbitration agreement shall be in writing.
Written documents, documentary instruments, correspondence, facsimiles, telegrams or any other similar types of communications between the parties evincing prima facie arbitration agreement shall be deemed to establish an arbitration agreement.
Article 2
No arbitration agreement shall be valid unless it was entered in respect of a legal relationship or a dispute thereto.
Article 3
The validity of an arbitration clause which forms part of a principal contract between the parties may be determined separately from the rest of the principal contract. A decision that the contract is nullified, invalid, revoked, rescinded or terminated shall not affect the validity of the arbitration clause.
Article 4
In the event that one of the parties to an arbitration agreement commences a legal action contrary to the arbitration agreement, the court may, upon application by the adverse party, suspend the legal action and order the plaintiff to submit to arbitration within a specified time, unless the defendant proceeds to respond to the legal action.
If a plaintiff fails to submit to arbitration within the specified time period prescribed in the preceding paragraph, the court shall dismiss the legal action.
After the suspension mentioned in the first paragraph of this Article, the legal action shall be deemed to have been withdrawn at the time an arbitral award is made.
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